People v. Banaszak

This is an application pursuant to CPL 170.25 to remove charges of reckless endangerment, second degree, and endangering the welfare of a child, both Class A misdemeanors, from the Town Court of Crates to County Court.

The defendant, a 58-year-old man, has been accused of driving his power lawn mower over an 8-year-old complainant’s foot, cutting his sneaker and causing substantial risk of serious physical injury. The witnesses to this alleged incident, which occurred on October 14,1973, are a 9-year-old child, two 8-year-old children and a 7-year-old child. On October 16, 1973, an article…